Immigrants & Immigration
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Who can see an Immigration Judge?
Most immigrants in removal proceedings can see an Immigration Judge (IJ). However, some may not be eligible because of reasons explained below. Immigrants who fall into these categories may not be able to see an IJ:
An immigrant who already has a removal (deportation) order from the past. This category includes the following immigrants:
- Those who left the U.S. after a removal order and re-entered again,
- Those who never left the U.S. after a judge ordered them removed or after granted them voluntary departure, and
- People who were issued a removal order at the border.
Immigrants can be unaware they have removal orders. This can happen because they did not receive any notices or did not attend their removal court hearings. When an immigrant does not attend their court hearing, the judge will order them removed. In some cases, they can have their case reopened so they can see the judge. If the person can't reopen their court case, they can be deported under the outstanding removal order without seeing an immigration judge.
People who committed crimes considered serious under immigration law (“aggravated felonies”) and who are not lawful permanent residents. They may be given summary orders of removal and not permitted to see the IJ.
If someone has committed an aggravated felony, but they fear returning to their home country, they should talk to an immigration lawyer. An aggravated felony is a bar to some, but not all forms of immigration relief.
How long will it take for a detained immigrant to see an Immigration Judge?
The amount of time can change. This depends on the volume of the court’s docket. It is common for immigrants to wait between two and four weeks to have their first hearing. If Immigration and Customs Enforcement (ICE) has issued a bond, an immigrant can pay that bond and be released before their first detained hearing.
How can a detained person check their court date?
Detained immigrants may not receive notice of their first court date or schedule changes to their court date. Immigration courts often change the time, date, and even location of hearings. They will need to have their US Citizenship and Immigration Services (USCIS) number to look up their case. It is also called an A-number, alien registration number, or alien number.
To find out a scheduled court date, an immigrant can:
- Call the Executive Office for Immigration Review (EOIR) immigration court hotline
- Toll-free: (800) 898-7180
- From detention centers: Dial “111” on the pro bono platform. The pro bono platform gives detained individuals free, unmonitored phone access to certain government and nongovernment entities, such as immigration courts, consular officials, and legal service providers.
- Check online: EOIR Automated Case Information System
Since court schedules often change, it is important to check regularly by calling the hotline or visiting the website to confirm the hearing date and location.
Where will the hearing be held?
Hearings will most likely take place by video-conferencing. This means that the detained person will not appear in person in front of a judge. Instead, they will be taken to a room in their detention center where they will watch the judge and lawyers on a television. They will watch the detainee on a television in the courtroom. Usually, the judge, the government attorney, and the detainee’s attorney (if they have one) will be at the Chicago Immigration Court located at 55 E. Monroe St, Suite 1500, Chicago, IL 60603.
There is a satellite location for Chicago Immigration Court for detained immigrants at 536 S. Clark St, Room 340, Chicago, IL 60605. In-person hearings for detained individuals will be held in the basement at the 536 S. Clark St location.
What kind of hearing happens in immigration court?
In removal cases, there are two types of hearings. The first kind of hearing is a master calendar hearing. The judge will ask the detained person whether they admit or deny the charges against them, and whether they will try to fight the deportation. They have a right to ask for a continuance or a delay at the hearing. This could give them time to try to get a lawyer. The detained person may have several master calendar hearings before presenting their full case.
The second kind of hearing is the individual calendar or merits hearing. At this hearing, the detainee and their lawyer give the reasons why the detainee cannot or should not be deported.
If the detained person fails to attend any of their immigration court hearings, they may receive an In Absentia Order of Removal. This is an order deporting, or removing the detainee. It is difficult to remove this order once it is in place, so it is important for detainees to be present for hearings.
Can the Immigration Judge decide to let someone out of detention?
Yes, if the detainee asks the Immigration Judge (IJ) and the judge grants the request. At their hearing, the detainee can verbally ask the IJ to schedule a bond hearing. They can also file a written motion requesting a bond hearing. At a separate bond hearing, a judge will determine if they can let the detainee out of detention in exchange for them paying a fee (the bond). For more information, go to What does it mean for an immigrant to be released on bond?
